RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02973
INDEX CODE: 137.00
APPLICANT COUNSEL: NONE
SSN HEARING DESIRED: No
Applicant requests his records be corrected to show he elected former
spouse coverage under the Survivor Benefit Plan (SBP). Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request and provided
an advisory opinion to the Board recommending the application be returned
to applicant without action until such time as he submits the proper
documentation to establish former spouse coverage as he was advised to do
in 28 December 2000. (Exhibit B). The advisory opinion was forwarded to
the applicant for review and response (Exhibit C). As of this date, no
response has been received by this office.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or injustice to
warrant corrective action. The facts and opinions stated in the advisory
opinion appear to be based on the evidence of record and have not been
rebutted by applicant. Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to disturb the
existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will only
be reconsidered upon the presentation of new relevant evidence which was
not reasonably available at the time the application was filed.
Members of the Board Mr. David C. VanGasbeck, Ms. Patricia D. Vestal, and
Mr. Mike Novel considered this application on 16 May 2001 in accordance
with the provisions of Air Force Instruction 36-2603, and the governing
statute, 10, U.S.C. 1552.
DAVID C. VANGASBECK
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Advisory Opinion
C. SAF/MIBR Ltr Forwarding Advisory Opinion
The advisory opinion was forwarded to the applicant's counsel for review and response (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. DAVID C. VANGASBECK Panel Chair Exhibits: A.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). The Board staff is directed to inform applicant of this decision.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). The Board staff is directed to inform applicant of this decision.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). The Board staff is directed to inform applicant of this decision.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). The Board staff is directed to inform applicant of this decision.
AF | BCMR | CY2003 | BC-2002-03448
Issues of the Afterburner are mailed to the correspondence address each retiree provides to the finance center. It is each member’s responsibility to notify DFAS-CL of their current correspondence address, regardless of their pay status. _________________________________________________________________ The following members of the Board considered Docket Number 02-03448 in Executive Session on 21 January 2003, under the provisions of AFI 36-2603: Mr. David C. VanGasbeck,Panel Chair Ms....
AF | BCMR | CY2002 | BC-2002-03497
_________________________________________________________________ APPLICANT CONTENDS THAT: She did not receive notification of her husband’s SBP election when he retired. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ The following members of the Board considered Docket Number 02-03497 in Executive Session on 21 January 2003 under the provisions of AFI 36- 2603: Mr. David C. VanGasbeck, Panel Chair Ms....
In support of his request applicant provided his marriage license and letters associated with his request to enroll his spouse in the SBP program. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommends the applicant’s request be denied. In this respect, the law governing the SBP provides that a member who is unmarried at the time of his retirement may elect coverage for a newly acquired spouse.
Neither the applicant nor his former spouse submitted a request to change the election from spouse to former spouse during the required time frame. After thoroughly reviewing the evidence of record, we believe that the applicant's records should be corrected to reflect that he elected former spouse coverage under the RCSBP within the required timeframe. DAVID C. VANGASBECK Panel Chair AFBCMR 01-02153 INDEX CODE: 137.00 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the...